Grimes

On February 6, 1961, Cora I. Grimes, William Grimes, and Gamiliel Grimes Wessell filed an action in the Superior Court of Los Angeles County against the Southern Pacific Company (hereinafter Railroad) and *306 the City of Los Angeles wherein they sought damages for the alleged wrongful death of one Vernon W. Grimes (hereinafter Grimes). Cora was the surviving wife and William and Gamiliel were the surviving children of Grimes.

During the course of the trial the defendant, City of Los Angeles was dismissed upon motion of the plaintiffs. On December 2, 1964, after the entry of judgment below and pending this appeal Cora died and Billy Bryan Grimes as executor of Cora’s estate was substituted as a party plaintiff in the place and stead of Cora.

The cause proceeded to trial before a jury and at the conclusion of plaintiffs’ case, upon application of the Railroad, the trial court granted a motion for a judgment of nonsuit and thereafter entered a judgment based upon such motion. The appeal is from this judgment.

In determining whether the granting of the nonsuit was proper, this court must resolve every conflict in the evidence in favor of the plaintiffs, we must consider every…